CARE & ADOPTION PROCEEDINGS

Initial Free Consultation

We are a strong team of dedicated and specially trained lawyers who provide a professional and friendly service throughout, understanding of the difficult situation you may find yourself in.

We offer an impeccable legal service where we ensure that every client, regardless of their situation, is our priority.  Our approach is tailored to your needs and we will work to resolve your case in in a thorough, yet efficient manner.

If the local authority is involved with your family, we are able to offer you detailed guidance as to the legal process that must be followed.The parents & families we help contact us because they are frightened that they are going to have their children taken away. They are scared, confused and often do not understand what their rights are as parents.

Social Services have often already become involved with the families that contact us and this could be for many reasons. Typical reasons why Social Services become involved are:

  • Drug & Alcohol dependencies / misuse
  • Domestic Violence and Abuse
  • Allegations of physical or emotional harm
  • Death of a Child
  • Sexual Abuse
  • School Attendance
  • Neglect of a child and failure to care for a child
  • During pregnancies when previous children have been removed from a parent’s care

 

It is the legal duty of a Local Authority to “safeguard, protect and promote the welfare of children” in their area. If a Local Authority consider that a child is at risk of harm or neglect, it will take necessary action.

 

The different types of “action” a Local Authority can take varies, but can include the below.

Pre Court Proceedings Process

You will be sent a letter inviting you to a meeting to discuss the concerns that the Local Authority have. If you have received a pre-proceedings letter, contact us immediately to discuss your free legal aid and arrange for us to represent you

Police Protection of a Child

The Police have powers to protect children for up to 72 hours. Children can be removed from their parents and can be placed into care with the Local Authority.   If the Local Authority do not agree to allow the children to be returned to your care, they will have to apply to Court to get a Court Order (unless you or a person with parental responsibility agrees to the children remaining in Local Authority Care; typically called a Section 20 agreement).

Care Proceedings – Application for a Care Order

This is where the Local Authority apply to Court for an order for your child. An interim care order, is a temporary care order which gives the local authority parental responsibility for the child which they then share with the parents. This means the local authority can decide things which relate to the child whilst the court proceedings are continuing, for example where a child should live.  The local authority must consult all those with parental responsibility and keep them fully appraised with information.

 

The case will usually last 26 weeks. The Local Authority can apply for this order at any time if they think they have reasonable grounds to believe that your child is suffering significant harm or would be likely to suffer significant harm if an order was not made.

 

“Harm” can be physical, emotional or sexual harm and this also covers cases of neglect. The harm, or likelihood of harm, has to be as a result of the child(ren) receiving an inadequate level of care, or as a result of the child being beyond parental control.  If the court finds that the grounds are met for an interim care order the court should only make an order if it is also satisfied that it is in the child’s best interests and that it is proportionate in the circumstances

Voluntary Care (Section 20)

If you are a parent or person with parental responsibility and have been encouraged or pressurised unfairly to agree to a section 20 (also known as voluntary care), it is essential that you contact us to discuss your options to see how we can help.

Emergency Protection Order (EPO)

These orders are obtained from the court to ensure the short-term safety of a child. The Local Authority can apply for an EPO in emergency situations where they believe the risk of harm to the child is imminent. These orders, if made by the Court, can last for up to 8 days.

 

If your children are currently subject to an EPO, you should contact us immediately to discuss how we can help.

 

If you are a parent or person with Parental Responsibility and you have been given urgent notice of an EPO you should contact us immediately to arrange urgent representation.

 

If the Local authority have threatened you with or you have been served you court papers for Care Proceedings, call us immediately to discuss your free legal aid and to arrange for us to represent you.

 

If you are concerned that any of the above are about to happen, or are happening now and you need specialist legal advice. Contact us today, confidentially either by phone or email.

 

We currently represent many families and have a large team who specialise in all aspects of the law relating to children including:

  • The public law pre-proceedings process
  • Applications for contact with children in care
  • Applications to discharge a Care Order
  • Applications to revoke a Placement Order
  • Opposing adoption
  • Care proceedings
  • Emergency Protection Orders
  • Special Guardianship Orders
  • Surrogacy proceedings
  • Appeals
  • Private law applications under the Children Act 1989
  • Parental responsibility